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(영문) 의정부지방법원 2017.09.08 2016가합51023
분묘굴이 등
Text

1. The defendant shall be the plaintiff.

A. Of the 15,981 square meters of Gyeonggi-gu D Forest land, the annexed map No. 40, 41, 42, 43, 44, and 40 shall be indicated respectively.

Reasons

1. Basic facts

A. On August 10, 2010, the Defendant was the owner of the land of Gyeonggi-gu D Forest No. 20,430 square meters (hereinafter “instant land”). On August 11, 2010, the Defendant created a collateral security (hereinafter “instant collateral security”) with a maximum amount of KRW 70 million on the instant land, which was set up on August 11, 2010, with a loan of KRW 70,000,000 from the Dasan-gun (hereinafter “instant land”).

B. Of the instant land, each of the (B) parts of the instant land, which are linked with each of the items indicated in the separate sheet Nos. 40, 41, 42, 43, 44, 44, 44, 45, 46, 47, and 42, among the instant land, is installed with a graveyard of 146 square meters attached to the Defendant’s attached section Nos. 48, 49, 50, 51, 52, 53, 54, and 48, and each of the (D) parts of the instant land (hereinafter “each of the instant graves”), 146 square meters connected to each of the said parts, e, F, 53, 54, and 40 parts, which are attached to the said land.

C. When the Defendant’s repayment of loans was delayed, the decision of voluntary decision on commencing the auction was rendered on December 18, 2013.

(C) On October 28, 2014, the Plaintiff purchased the instant land at auction on October 27, 2014 and completed the registration of ownership transfer on October 28, 2014.

Since then, the instant land was divided into KRW 92 square meters of I forest on May 19, 2015, KRW 2,001 square meters of J forest on February 23, 2017, and KRW 1456 square meters of K forest on April 27, 2017, and became 15,981 square meters of D forest.

[Reasons for Recognition] A without dispute, entry of Gap evidence 1 and 2, the result of the commission of appraisal by the chief of the Korea Land Information Corporation to the chief of the two parallel branch offices of the Korea Land Information Corporation, the purport of all pleadings

2. According to the evidence before the judgment and the whole purport of the oral argument, the defendant agreed to set up the right to collateral security of this case that "the defendant will immediately move to a grave if there occurs any legal dispute over the land of this case," which is the right to collateral security of this case. The defendant shall promptly move to a grave on the land of this case due to the division of inherited property on April 23, 1995.

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